When you see how the President makes political or policy decisions, you see who he is. The essence of the Presidency is decision-making.
Bob Woodward
Introduction
Prior to 1992, the Government held the monopoly over the two radio stations operating in Guyana. Coverage of events and programmes was heavily slanted in favour of the Administration and almost to the exclusion of activities, commentaries and views that were critical or not supportive of the Government. When the present Government took office in 1992, public expectation was that it would free up the airwaves not only to provide private radio stations with an opportunity to operate but also to facilitate a more balanced coverage.
The Government, however, continued for 20 years in the same vein as that of the previous Administration, perhaps in a more intense way, using the radio, and the state-owned National Television Network (NCN) and the Guyana Chronicle newspaper. The latter has been increasingly used as a medium for personal attacks and vilification, including character assassinations, against independent-minded persons and those who are critical of the way the Government administers the affairs of the State. This prompted the combined Opposition during the consideration of the 2012 budget to, among others, vote against the proposed allocation for NCN.
A similar situation is likely to prevail in respect of the 2013 budget unless concrete assurances are given for: (a) a more balanced and objective coverage of events, commentaries and views; and (b) a reformed NCN in the light of irregularities uncovered at that institution. NCN’s operations are also in need of a forensic audit by a reputable auditing firm.
The President is today meeting with the Opposition political parties in a last minute effort to discuss the proposed $38 billion in budget cuts, although such a meeting should have been held much earlier. The combined Opposition represents 51 per cent of the electorate and therefore it should have been given the opportunity of playing a more meaningful and significant role in constructing the budget of the State. One hopes that the meeting will bear fruit to avoid a repetition of what happened last year. If no compromise is reached, we should allow the democratic process to prevail and respect the wishes of the majority of our elected representatives in the National Assembly. The solution is not a snap election, for no one can guarantee a change in the present composition in the National Assembly to the advantage of the ruling party. The electorate has spoken, and we should respect that. In addition, Guyanese do not appear to have any appetite for another election coming so soon after the last one. The greatest degree of magnanimity and goodwill is therefore needed as regard such an important issue as our national budget.
Disclosures in the National Assembly
In response to a question from an Opposition Member of Parliament, the nation learnt for the first time that former President Bharrat Jagdeo approved of ten radio licences: (a) just days before the 28 November 2011 General Elections; (b) at a time when he was about to demit office; and (c) soon after he had assented to the Bill to establish the Guyana National Broadcasting Authority (GNBA). The GNBA is responsible for assessing and approving applications for radio licences.
Three organizations were each awarded five frequencies. These are the Ramroop Group, Telcor & Cultural Broadcasting Inc., and the New Guyana Co. Ltd. Three of the ten licensees have since started broadcasting.
Evaluation of applications
Press reports indicated that three senior officials from the Office of the President and one from the Ministry of Finance evaluated the applications. These persons do not appear to have the requisite knowledge and/or experience in broadcasting and may not be regarded as independent of the Presidency by virtue of the positions they hold. This is borne out by the fact that several established media houses that had applied for radio licences were overlooked in the exercise. These include Kaieteur News, Stabroek News, Capitol News, GWTV 2, and Channels 6, 7, 9, and 13. In the circumstances, one is tempted to conclude that the exercise was a mere cosmetic one aimed at facilitating the granting of licences to pre-selected individuals and organizations.
Why no prior announcement?
On such a long standing and burning issue as the granting of radio licences, it is unfortunate that the authorities did not to make an announcement immediately after the licences were issued. It took at least 15 months for the Government, under pressure from the Legislature, to release the information on what previously appeared to have been a closely guarded State secret, similar to the yet-to-be announced information on the private investors to the Marriott Hotel.
Had the matter not been raised in the National Assembly, one wonders how long more it would have taken for the information to filter down to the general populace. In addition, when one examines the list of persons/organizations that are the recipients of radio and cable licences, one cannot help but feel that the public outcry that we are currently experiencing may very well be justified.
Sequence of events
In 1997, an agreement was reached between former President Jagdeo and the late Desmond Hoyte that no radio licences would be issued until a Broadcasting Authority is established. In addition, on 30 July 2011, the Stabroek News reported that the former President gave the assurance that no radio licences would be issued before the national elections of 28 November 2011. This was in response to a 2009 Court ruling that the Government consider all applications received at the time. The former President agreed to fulfill the order of the Court and stated that, if after an assessment, the applications had merit the Government would issues licences. However, the licensees would not be allowed to operate until after the elections.
The Bill to establish the Guyana National Broadcasting Authority (GNBA) with authority to grant licences was passed in the National Assembly on 15 July 2011, amid an Opposition walkout because of dissatisfaction with certain aspects, particularly the composition of the membership of the Authority. The related Act was assented to on 27 September 2011. Notwithstanding this, sometime in November 2011, the former President, in his capacity as Minister of Information, approved of the issuing of ten radio licences, contrary to the assurances he had given based on his agreement with the then Opposition Leader and in response to the 2009 Court ruling.
Why the urgency?
There are a number of possible explanations for this. Although the former President assented to the GNBA Act, it was not brought into effect since its members had not been appointed. The Act provides for the President to select six of the seven members while the Opposition Leader nominates the remaining member. One suspects that the former President would have found it difficult to approach latter to make his nomination coming just days before the elections. It is normal practice in most democracies that no major decisions are made in the run-up to national elections, for obvious reasons.
The former President is not eligible for re-election, having served two terms. That apart, no one could have been certain that the political party he represents would have won the national elections and that his preferred choice of persons and organizations to be granted radio licences would have been honoured by his successor or by the GNBA when it would have become operational. These considerations might have influenced his decision to proceed with the granting of radio licences in violation of his own assurances.
It was also learnt that in December 2010, two licences for television and internet services were issued to persons who are reportedly close associates of the ruling party. One person started his business two years earlier while the other commenced operations in the same month he was granted the licence. It is unclear what implications this arrangement may have on the E-governance Programme.
Conclusion
The approval of radio licences by the former President coming just days before the last general elections and soon after the Law was passed to establish the GNBA, has been an unfortunate development. It is indeed a reflection on the quality of our governance practices as well as transparency. When one examines the list of persons/organizations that were granted radio licences vis-à-vis those that did not receive favourable consideration, one cannot help but feel how badly this whole episode impacts on the principles of fairness and equity.
Under the Constitution, the former President enjoys immunity from actions taken while serving as President. He has, however, issued the radio and cable licences in his capacity as Minister of Information. That apart, what should the GNBA do, now that it has been made operational with the appointment of its members on 5 September 2012? One would expect that it would thoroughly review the licences that were already issued to ensure all the criteria for the grant of such licences have been fully met. At the same time, it should evaluate the applications that were denied, and act accordingly to ensure a fair and equitable distribution of licences. Meanwhile, the composition of the GNBA should be reviewed so that it is staffed with independent, knowledgeable and experienced persons in the field of broadcasting. Any lesser arrangement is likely to affect adversely the credibility and effectiveness of such an important institution of the State.
I leave you with the following quote:
Consider what you think justice requires, and decide accordingly. But never give your reasons; for your judgment will probably be right but your reasons will certainly be wrong.
Lord Mansfield
